Democrats Position on Impeachment and Presidential Powers

The upcoming midterm elections indicate that Democrats are likely to regain the majority in the House of Representatives, and potentially in the Senate as well. If this occurs, Democrats may confront the decision of whether to impeach President Trump once more. Impeachment is necessary to hold Trump accountable for his power abuses. Additionally, Congress must restrain presidential authority before another leader emulates Trump’s actions.

Trump has significantly flouted legal norms. His administration has ignored court orders, shut down departments without congressional consent, engaged in illegal immigration enforcement, withheld congressionally authorized funds, unlawfully imposed tariffs, and initiated military actions without notifying Congress. No other president has warranted impeachment and removal from office more than Trump.

Even if Trump is impeached, his removal is unlikely. While some Senate Republicans may vote for his removal, achieving a two-thirds majority remains improbable. Nonetheless, both legislative bodies should communicate that presidents cannot act without repercussions.

Congress must further limit executive powers to prevent a recurrence of the Trump presidency and a permanent expansion of presidential power. This can be achieved through several measures:

• Amend Pardon Power: A constitutional amendment should restrict the pardon power. Trump’s misuse of this authority demands its curtailment. He has pardoned more individuals than any president since Truman, favoring political allies and donors. Limits should prevent self-pardons, pardoning relatives, and those guilty of particular crimes. Pardons should remain rare and not benefit the president.
• War-Making Powers: The War Powers Act of 1974, intended to curb unilateral military decisions, has been ignored by Trump. Congress should strengthen this act by implementing automatic fund cut-offs for war efforts lacking legislative approval. Such capabilities should align with decisions made by representatives, not solely the president.
• Tariff Authority: The constitutional responsibility for imposing tariffs lies with Congress. Trump’s illegal exploitation of conditions necessitates tighter restrictions. Congress should require approval for tariffs or better define genuine emergencies that permit bypassing legislative consent.

These steps can empower Congress to restore its constitutional authority against presidential power. Amidst Trump’s administration’s abuses, now is the moment to act. Without proper checks, future presidents might expand their authority further, essentially nullifying constitutional balances.

Richard Davis, professor emeritus of political science at BYU, is an accomplished author on American politics.

Copyright 2026 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.